The petitioner is entitled to subsistence allowance for the period from 06.01.1991 to 29.06.2001, treating it as suspension period, in accordance with Regulation 14 of the Syndicate Bank Officer Employees' (Conduct) Regulations 1976.

1. This Writ petition is filed praying for issuance of a Writ of Certiorari calling for the records of the second respondent herein bearing No.138/PD: IRD: DA : 6 and 137/PD : IRD : DA : 6 dated 14.09.2001 and confirmed by the order bearing No.186/PD/IRD/DA/7 and 187/PD/IRD/DA/7 dated 13.11.2001 issued by the third respondent herein and quash the same.

2. The brief facts of the case of the petitioner, as averred in the Writ Petition, is as follows:-

(i) The petitioner joined the bank service on 01.07.1974 as a clerk and promoted as Branch Manager, Syndicate Bank, South Moppur, from 1981 to 1986 and then transferred to Chennai Office.

(ii) On 23.07.1987 and 18.08.1988, the respondents issued him charge sheets leveling various charges against him, which are as follows:-

(a). Misappropriation of Rs.5,000/- by making false entry in the Pass Book.

(b). Wrongful credit of Rs.5,000/- to another person's account.

(c). Sanction of Eleven loans to the tune of Rs.47,000/- for fictitious or false purposes.

(d). Withdrawal of Rs.28,350/- by the petitioner under Sundry Advance, between the period January 1984 to June 1985, which is disproportionate to the actual expenditure.

(e). Petitioner drew the salary in advance on 23.02.1985.

(f). The petitioner discounted to a customer a DD for Rs.4,000/- and allowed him to withdraw, when his earlier dues were pending.

(iii) The petitioner was suspended on 12.06.1989 and he submitted his explanation in detail as follows:-

(a) All the money withdrawn as advance were spent for the branch and cleared then and there.

(b) Salary advance drawn on proceeding sick leave extraordinary circumstances to which approval sought from higher ups.

(c) Earlier due was adjusted on ascertaining loss of instrument.

(iv) The Enquiry Officer conducted an enquiry and submitted his report on 27.11.1990 and he was found guilty of the charges 1 and 3. The Enquiry Officer did not furnish him a copy of the report, but recommended his dismissal from service by an order dated 05.01.1991. The appeal filed by the petitioner before the Appellate Authority was also dismissed on 24.10.1991.

(v) The petitioner preferred a Writ Petition in W.P.No.3886 of 1993 before this Court and by an order dated 15.03.2001, this Court partly allowed the Writ Petition and set aside the punishment imposed on the petitioner and ordered reinstatement of the petitioner into service and further given liberty to the respondents to proceed with the enquiry after furnishing the petitioner with the copy of the enquiry report and also given liberty to the petitioner to apply for VRS.

(vi) As per the order of this Court, the petitioner was reinstated into service on 30.06.2001. The enquiry was reopened once again on 02.07.2001 and copy of the enquiry report was sent to the petitioner and the petitioner was called upon to furnish explanation. It was also pointed out that the reinstatement was only with effect from 30.06.2001, and no back-wages were paid and no subsistence allowance was paid from 05.01.1991 to 29.06.2001. The application for VRS on 07.07.2001 was rejected on 13.07.2001 by the Bank. The second respondent also rejected the application for VRS, in view of the pending disciplinary proceedings against the petitioner. On 25.08.2001, the petitioner submitted his explanation to the disciplinary authority and also sought apology and mercy from the bank. On 14.09.2001, the second respondent passed an order of dismissal without giving any back-wages. It was also ordered that the petitioner was not entitled for any other subsistence allowance and also any other allowance. The subsistence allowance paid to the petitioner was for the period from 12.06.1989 to 05.01.1991. The petitioner filed an Appeal before the third respondent on 01.11.2001 and the same was dismissed on 13.11.2001. The respondents even failed to pay the gratuity to the petitioner.

(vii) Aggrieved by the same, the petitioner filed this Writ Petition on various grounds that as per Rule 14 of the Syndicate